Second DWI Penalties
Were you charged with a Second DWI in San Antonio? Learn about Second DWI penalties in Texas. Watch this video. Then call for a free consultation with our experienced DWI attorney.
Question: What are the penalties for a second offense DWI in Texas?
If you’re charged with a second DWI in Texas, there are a couple things that happen. The range of punishment is greater because instead of a Class B misdemeanor, it becomes a Class A misdemeanor. With a Class A misdemeanor, the fines are up to $4,000, and if you’re prior DWI was within five years, then you’ll lose your license. There’s a period where you can’t even get an occupational license. That’s really difficult for a lot of people because you’ll have a period of 90 days when you can’t even drive a car, and if you get caught driving a car, it’s another offense. Of course, that is dependent upon having the DPS hearing and losing, so it’s important on a DWI-second to request a DPS hearing within 15 days because you could have a period in which you can’t even get an occupational license.
Some courts want to give somebody some days in jail as a condition of probation on the DWI-second. I’ve been able to avoid that with prior clients, and I think in most cases you can avoid it. There’s a lot of prosecutors and a lot of DAs that feel that somebody with a prior DWI and gets a second, that they need to spend a weekend in jail, but if you mount a defense, and so forth, they will drop that requirement.
Were you or a loved one arrested for drunk driving and have questions about what to expect for second dwi penalties? Contact a San Antonio DWI attorney at Rush & Gransee today for a consultation on your case and all of your potential defenses. Let our experience work for you.
Successful Case Defending DWI
Mary A. – The defendant was stopped for weaving while only going 40 mph down loop 410. The defendant refused all field sobriety tests partially based upon the unsafe road conditions. It was the defendant’s second DWI. The defendant was found not guilty in a jury trial.